Webster & Cody

This matter concerned an application by the applicant, Webster, for an order for possession of a property located at 123 Main Street, Sydney, against the respondent, Cody. The applicant sought to recover possession of the property, which had been leased to the respondent. The application was heard by Ryan J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether the applicant had validly terminated the residential tenancy agreement with the respondent. Specifically, the Court was required to determine if the notice of termination served by the applicant complied with the requirements of the *Residential Tenancies Act 2010* (NSW), particularly concerning the grounds for termination and the form and content of the notice.

Ryan J found that the notice of termination served by the applicant was defective. His Honour held that the notice failed to specify with sufficient particularity the grounds upon which the tenancy was being terminated, as required by section 146 of the *Residential Tenancies Act 2010* (NSW). The Court applied the principle that strict compliance with statutory requirements for notices of termination is necessary for them to be legally effective. As a result of the defective notice, the tenancy had not been validly terminated.

Consequently, Ryan J dismissed the applicant's application for an order for possession.